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A Guide to Filing a Utility (Non-Provisional) Patent Application
3. Application Data Sheet
The application data sheet is a sheet or sheets, that may be voluntarily submitted in either provisional or nonprovisional applications, which contains bibliographic data, arranged in a format specified by the USPTO. Specific bibliographic data includes applicant information, correspondence information, application information, representative information, domestic priority information, foreign priority information and assignment information. (See 37 CFR sect. 1.76.) The sheets must be produced according to a format provided by the USPTO and which is downloadable to applicant?s computer.
Supplemental application data sheets may be subsequently supplied prior to payment of issue fee to either correct or update information in a previously submitted application data sheet, or an oath or declaration under title 37 CFR sect. 1.63 or 1.67. However, inventorship changes are governed by 37 CFR sect. 1.48, correspondence changes are governed by 37 CFR sect. 1.33(a), and citizenship changes are governed by 37 CFR sect. 1.63 or 1.67. Supplemental application data sheets must be titled "Supplemental Application Data Sheet, "include all of the section headings listed in 37 CFR 1.76(b), include all appropriate data for each section heading and must identify the information that is being changed, preferably with underlining for insertions, and strike-through or brackets for text removed.
4. Specification
The specification is a written description of the invention and of the manner and process of making and using the same. The specification must be in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which the invention pertains to make and use the same.
Computer program listings may be submitted as part of the specification as set forth in 37 CFR 1.96(b) and (c). Other than in a reissue application or reexamination proceeding, the pages of the specification (but not the transmittal letter sheets or other forms), including claims and abstract, must be numbered consecutively, starting with 1, the numbers being centrally located above or preferably below, the text. The lines of the specification must be 1.5 or double spaced (lines of text not comprising the specification need not be 1.5 or double spaced). It is desirable to include an indentation at the beginning of each new paragraph, and for paragraphs to be numbered ("[0001]", "[0002]", "[0003]" etc.).
It is preferable to use all of the section headings described below to represent the parts of the specification. Section headings should be in upper case without underlining or bold type. If the section contains no text, the phrase "Not Applicable" should follow the section heading.
Title of the Invention
The title of the invention (or an introductory portion stating the name, citizenship, residence of each applicant, and the title of the invention) should appear as the heading on the first page of the specification. Although a title may have up to 500 characters, the title must be as short and specific as possible.
Cross-Reference to Related Applications
Any nonprovisional utility patent application claiming the benefit of one or more prior filed copending nonprovisional applications (or international applications designating the United States of America) under 35 USC sect.sect. 120, 121 or 365(c) must contain in the first sentence(s) of the specification following the title, a reference to each such prior application, identifying it by the application number or international application number and international filing date, and indicating the relationship of the applications, or include the reference to the earlier application in an application data sheet under 37 CFR sect. 1.76. See 37 CFR 1.78. Cross-references to other related patent applications may be made when appropriate.
Statement Regarding Federally Sponsored Research or Development
The application should contain a statement as to rights to inventions made under federally sponsored research and development (if any).
Reference to Sequence Listing, a Table, or a Computer Program Listing Compact Disc Appendix
Any material submitted separately on a compact disc must be referenced in the specification. The only disclosure materials accepted on compact disc are computer program listings, gene sequence listings and tables of information. All such information submitted on compact disc must be in compliance with 37 CFR sect. 1.52(e), and the specification must contain a reference to the compact disc and its contents. The contents of compact disc files must be in standard ASCII character and file formats. The total number of compact discs including duplicates and the files on each compact disc must be specified.
If a computer program listing is to be submitted and is over 300 lines long (each line of up to 72 characters), the computer program listing must be submitted on a compact disc in compliance with 37 CFR sect. 1.96, and the specification must contain a reference to the computer program listing appendix. A computer program listing of 300 or less lines may be, but is not required to be, submitted on compact disc. The computer program listing on compact disc will not be printed with any patent or patent application publication.
If a gene sequence listing is to be submitted, the sequence may be submitted on a compact disc in compliance with 37 CFR sect.sect. 1.821-1.825, in lieu of submission on paper, and the specification must contain a reference to the gene sequence listing on compact disc.
If a table of data is to be submitted, and such table would occupy more than 50 pages if submitted on paper, the table can be submitted on a compact disc in compliance with 37 CFR sect. 1.58, and the specification must contain a reference to the table on compact disc. The data in the table must properly align visually with the associated rows and columns.
Background of the Invention
This section should include a statement of the field of endeavor to which the invention pertains. This section may also include a paraphrasing of the applicable U.S. patent Classification Definitions or the subject matter of the claimed invention.
This section should also contain a description of information known to you, including references to specific documents, which are related to your invention. It should contain, if applicable, references to specific problems involved in the prior art (or state of technology) which your invention is drawn toward.
Brief Summary of the Invention
This section should present the substance or general idea of the claimed invention in summarized form. The summary may point out the advantages of the invention and how it solves previously existing problems, preferably those problems identified in the Background of the Invention. A statement of the object of the invention may also be included.
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